ThirdParty Consent

1
Third-Party Consent Searches of Persons
2
Problems 204-205

• Is there a valid consent in each case?
• Is there mutual use of the property? Joint
  access or control?
• A right of privacy the third-party cannot violate?

3
Apparent authority to consent

• St. v. Maristanyfacts?
• Did Green have authority to consent to search of
  Maristanys luggage?
• Was his consent valid?

4
Rule?

• If officer has a reasonable basis for believing
  person has authority to consent, then search is
  constitutional.
• Reasonable basis in this case?
• Is officer required to inquire as to ownership?

5
Searches of Persons

• Searches Incident to Arrest
• Exception to the warrant requirement
• St. v. HufnagelFacts?
• Search incident to arrest rule?
• When making a lawful arrest, may search
  arrestees person area within immediate control

6
How broad is the area within immediate control?

• lunging distance or wing-span
• Take into account fact that person in handcuffs?
• Hufnagel says no, but most states DO take into
  account fact person in handcuffs.

7
How is SIA different from Terry frisk?

• Automatic right to search upon custodial arrest
• Purpose of search is broadersearch for weapons
  and evidence of crime
• Search is also broader in scope--persons pockets
  may be searched as well as surrounding area

8
Protective Sweeps

• Besides area of immediate control, how much
  more of Hufnagels home could be searched?
• Areas immediately adjoining room of arrest where
  persons might be hiding (automatic right)
• Other areas of house where persons might be
  hiding, upon Reas. Susp.

9
Can officers search arrestees backpack?

• Found 5 ft. from where he is sitting?
• Three hours after arrest?
• Must be substantially contemporaneous with
  arrest
• But courts uphold searches done well after time
  of arrest

10
Strip Body Cavity Searches

• In-class demonstration. Volunteers?
• Youre arrested for reckless discharge of a gun.
  
• Can you be strip searched in Arkansas?
• Tennessee?
• Washington? California?

11
People v. More

• Facts?
• Types of searches done on defs person?
• SIA (done as a quick pat down)
• Strip search
• Extracting item from rectum (body cavity search)

12
Intrusions beyond bodys surface

• Justification required?
• clear indication evidence will be found
• Exigent circumstances
• If test is medical in nature,
• must carry little risk or trauma
• and be carried out by medical personnel

13
If there is clear indication exigency

• Blood test by medical personnel?
• Stomach pumping in hospital?
• Forced administration of laxative?
• Choke hold to prevent swallowing of evidence?
• Choke hold pointing gun at suspects head to
  prevent swallowing?
• Use of stun gun?

14
What suspicion is required?

• to get saliva sample, voice exemplar, urine
  sample?
• What if def. doesnt want to give samples?
• What about hair samples?
• X-rays?